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Февраль 2018




Chief editor’s column


Interview of the issue


The Event. Comments of the Experts


Topic of the issue

A.I. Savelyev Some risks related to tokenisation and blockchainisation of civil-law relations
The paper is focused on the analysis of the problems that may be driven by mass tokenisation of the objects of civil law, i.e. creation of a digital representation of such object in the form of a record in blockchain where the value of such object is transferred subsequently by means of disposal of such token, which is a subject of separate rights to it. There are three problems outlined in the paper: 1) a possible displacement of existing legal regimes of objects of civil rights by the legal regime of the token; 2) the problem of definition of the nature of rights to token (in rem vs. in personam) as well as remedies for their violations; and 3) privacy issues associated with the growth of metadata relating to performed transactions, and resulting from mass tokenisation and blockchainisation of law. Provisions of the Belarus Decree “On the development of digital economy” of 21 December 2017 were taken to illustrate the problems.
Keywords: token, blockchain, object of civil law, privacy, personal data
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V.V. Arkhipov Personal data as nonmaterial values (or there is nothing more practical than a good theory)
The paper discusses issues related to the data subject’s consent to the processing of their data in a digital economy and Big Data context. The author supposes that the main problems with applying personal data legislation are conceptual rather than practical. He suggests and, with consideration of existing civil law approaches, does substantiate that personal data qualifies as non-material values. From this perspective, relationships between the data subject and the operator involving the former’s consent are to be regulated by civil law provisions. Thus, the consent could amount to a unilateral transaction. And the provisions relating to transaction types, invalidity, active civil capacity, and general principles of civil law would be applicable in this respect as well. Such an approach will help establish formal certainty, eliminate alleged gaps in legislation and build a stronger case for classic principles and rules of legal interpretation in the course of application of personal data legislation. According to the author, these issues directly relate to the context of Big Data and digital economy which calls for flexible approaches to giving consent to process personal data.
Keywords: informational law, civil law, personal data, non-material values, consent to process personal data, legal interpretation, digital economy, Big Data
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A.V. Neznamov, V.B. Naumov Regulation strategy for robotics and cyberphysical systems
This paper outlines principal approaches to the regulation of robotics, artificial intelligence and cyberphysical systems worldwide as well as the prospects of such regulation in Russia. Main legal problems are highlighted along with doctrinal views on matters under discussion. The authors suggest a regulatory strategy and detail its possible elements.
Keywords: artificial intelligence, regulation of robotics, robots, cyberphysical systems, robot law
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A.O. Klinov The legal regulation of crowdfunding in Russia and foreign jurisdictions
This paper establishes the legal nature and defines the essence of crowdfunding as the category that is an integral part of e-commerce. Five models of crowdfunding legal relations have been outlined along with the conflict of laws issues. The author analyses the scope of regulation of this sphere in foreign jurisdictions. Laws in the USA, Canada, the European Union and its Members States are reviewed. Moreover, the crowdfunding perspectives in Russian legal system were indicated.
Keywords: crowdfunding, e-commerce, e-residency, securities and negotiable instruments market, private international law, foreign legislation, conflict of laws
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A.Yu. Ivanov Merger review in the digital age: episode one in discussions on the fifth competition law reform package
Entering into discussion about the necessary changes in the Russian legal system for adopting it to the digital economy development needs, the author explores the role of the Competition Law and Policy in addressing such inevitable side effects of industrial revolutions like inequality growth and market monopolisation. In this context, merger review mechanism that was relatively marginalised in competition law practices during the previous economic cycle is analysed in details. Starting with the recent Bayer-Monsanto merger case, the author describes the way merger review process shall evolve in the digital economy context, and what legal reforms are necessary for encouraging its future evolution into more practical and useful tool for preventing monopolisation in the digital markets.
Keywords: antitrust, merger review, remedies, digital platforms, digital monopolies, competition law reform, Bayer, Monsanto
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Press Release


Theory and practice

R.S. Bevzenko Main legislative developments in registration of real property titles based on distributed ledger technology: a civil law specialist’s view
This article looks at the problems in the registration of titles that need to be solved in order to start using more advanced blockchain solutions. The author believes that certain improvements in the ledger integrity (authenticity, irrevocability etc.) will significantly reduce the number of false records.
Keywords: real property, registration of property titles, distributed ledger, blockchain technology
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G.A. Esakov Russia and the Rome statute: revisiting the history of relations
The paper concerns the recent history of relations between Russia and the Rome Statute. This history began in the 1990s, during the preparatory stages for the Statute’s enactment, and officially ended in 2016. During this period of time, there were changing attitudes to the Statute, attempts to ratify it, and proposals to change national legislation with regard to international crimes. The author concentrates on official positions as to the Statute and related scholarly and political views. He puts forward the assumption that the relations with the Statute (and, of course, with the International Criminal Court) were motivated by political considerations. There were no significant legal and public discussion as to its ratification, implementation or rejection. Despite its formal rejection for the moment, the Statute will surely influence at least academic discussions about international criminal law matters in the future.
Keywords: Rome Statute (RS), international criminal law, International Criminal Court, criminal legislation, ratification
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G.N. Vetrova Trial by jury: traditions and innovations (reform process)
Federal Law No. 190-FZ of 23 June 2016 (which will be given full effect on 1 June 2018) makes significant changes in the jury system. These include jurisdiction and composition of the jury. The upcoming reform will have a major impact on the exercise of the defendant’s right to trial by jury. The paper describes the evolution of the legal framework for jury trials and examines various proposals for the reform. It gives an overview of legislative novelties and analyses them as part of the legal foundations of juries.
Keywords: criminal proceedings, court reform, trial by jury, trial jury, lay judge, jurisdiction, rights of the accused, jury verdict
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E.A. Ostanina Testamentary execution in the condition of civil law reform
The institution of testamentary execution was seriously changed by the new law. These changes are good in general, but some details need additional regulation. This paper looks at the practical implications of the new rules affecting the status of executor.
Keywords: testamentary execution, transaction, heir, inheritance, representative
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E.V. Obukhova Specific characteristics of entitlement to indirectly held securities
Formal and material legitimation to paperless securities is rarely discussed in Russian literature. The notion of the legitimated person as well as rights of ultimate purchasers and financial intermediaries are the key issues that determine the distribution of title to such securities. Distribution of title to the ultimate acquirer or to the nominee holder has generated two main accounting systems: a direct (including transparent) system and an indirect system. The difference between the two systems is so significant that intermediated securities derived from paperless securities have even acquired a separate generic name in certain jurisdictions. This paper discusses the concept of intermediated securities in Russian law and practice. It provides an analysis of recent changes in the statutory procedure for maintaining registers of persons entitled to paperless securities. The intent is to define the subject (balance of titles) and nature of rights attached to indirectly held securities as well as methods to minimise the risks that are inevitably raised by indirect holding.
Keywords: indirect securities holding, paperless securities, depository securities, securities entitlement holder
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Bisultanov Ya.Kh.-M. Acknowledgment of a debt under art. 203 of Russian civil code: its theoretical framework and comparison with an acknowledgment of a debt under art. 206 of Russian civil code
The paper examines ratio legis of the rule laid down in art. 203 of the Russian Civil Code according to which a limitation period begins to run afresh from the date of acknowledgment of a debt. Based on the explanation inferred, solutions are proposed to the following problems: what place does an acknowledgment of a debt hold in the system of juridical facts; are the rules of invalidity of transactions applicable to an acknowledgment of a debt; and what are essential characteristics of an acknowledgment of a debt. The author demonstrates the fundamental difference between the two types of debt acknowledgment as outlined in art. 203 and art. 206 of the Russian Civil Code.
Keywords: limitation period, acknowledgment of a debt, renewal of limitation period, juridical fact
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